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Patna High Court
Kumar Patel vs The State Of Bihar on 2 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16318 of 2022
======================================================
Kumar Patel Son of Shri Tripurari Sharan Singh Resident of Road no.- 22,
Plot No.- 148, Sri Krishna Nagar, Patna, P.S.- Buddha Colony, P.O.-
Kidwaipuri, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Registrar, Cooperative Societies, Bihar,
Patna.
2. The Registrar, Cooperative Societies, Bihar, Patna.
3. The Assistant Registrar, Cooperative Societies, Hajipur, Anchal, Hajipur,
District- Vaishali.
4. The Bihar State Food and Civil Supply Corporation Limited, Through the
Managing Director, Daroga Prasad Rai Path, R Block, Road No.-2, Pin-
800001.
5. The Managing Director, Bihar State Food and Civil Supply Corporation
Limited, Daroga Prasad Rai Path, R Block, Road No.- 2, Pin- 800001.
6. Bihar Public Service Commission Through the Chairman, Bailey Road,
Patna.
7. The Chairman, Bihar Public Service Commission, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Mishra, Sr. Advocate
: Ms.Manini Jaiswal, Advocate
: Mr.Manas Rajdeep, Advocate
: Ms.Adya Pandey, Advocate
: Ms.Megha Rani, Advocate
For the BPSC : Mr.Sanjay Pandey, Advocate
: Mr.Nishant Kumar Jha, Advocate
For the BSFC : Mr.Shailendra Kumar Singh, Advocate
: Mrs.Shilpi Singh, Advocate
For the Respondent/s : Mr.AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 02-02-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
2/10
"(i) For quashing the letter nо. 3936 dated
27.5.2022
issued under the signature of respondent
cooperative Societies Bihar Patna by which the
application of the petitioner for voluntary retirement
has been rejected.
(ii) For quashing the letter contained in
memo no 7305 dated 13.9.2022 issued under the
signature of respondent cooperative Societies Bihar,
Patna by which the application of the petitioner for
voluntary retirement has been rejected.
(iii) For quashing the letter contained in
memo no 7306 dated 13.9.2022 issued under the
signature of respondent cooperative Societies, Bihar,
Patna by which the petitioner was directed to file show
cause with respect to three allegations when the
relation of master and servant between the petitioner
and the respondent State ceased to exist after a period
of 90 days from the date of submission of his
application dated 25.05.2017 for voluntary retirement.
(iv) During the pendency of the writ petition
stay the further proceedings pursuant to the letter
contained in memo no 7306 dated 13.9.2022 as
contained in Annexure to this writ petition.
(v) Any other order or orders as your
Lordships may deem fit and proper in the facts and
circumstances of the case be granted to the petitioner."
3. Learned Senior Counsel for the petitioner submits that
the petitioner was appointed on the post of Cooperative Extension
Officer on 26.02.1997 on the recommendation of the Bihar Public
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
Service Commission and was sent on deputation to the Rural
Development Department in the year 2010, where he was posted
as Block Development Officer, Lauria. Subsequently, the services
of the petitioner was placed at the disposal of the State Food
Corporation, where he was posted as Assistant Manager.
4. An advertisement was published by the Bihar Public
Service Commission (hereinafter referred to as "BPSC") vide
advertisement No. 56 of 2014 for appointment on 290 posts of
Assistant Professor in the faculty of Psychology in different
Universities in the State of Bihar. Subsequently, vide office order
contained in Memo No. 2663 dated 25.02.2016, the services of the
petitioner was repatriated to his parent department.
5. It has further been contended by the learned Senior
Counsel for the petitioner that a departmental proceeding was
initiated against the petitioner under Rule 17(2) of the Bihar
Government Servants (Classification, Control and Appeal) Rules,
2005. The charges against the petitioner were that while working
as District Manager, State Food Corporation, Bhojpur, Ara, he was
involved in lapses in performance of duty, illegal storage and black
marketing of subsidized rice.
6. In the meantime the petitioner applied for
appointment to the post of Assistant Professor and was called for
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
interview, which was scheduled to be held between 29.11.2016 to
01.12.2016. The petitioner filed an application before the
competent authority on 11.11.2016, seeking grant of one day leave
to enable him to appear in the interview for the post of Assistant
Professor, but no decision was taken on the application submitted
by the petitioner on 11.11.2016. The petitioner, however, appeared
in the interview and was declared successful. The petitioner was
appointed as Assistant Professor, Psychology, on the
recommendation of the BPSC and was allotted Veer Kunwar Singh
University, Ara, by the Department of Education, Government of
Bihar, Patna. Subsequently, vide notification contained in Memo
No. 915/Estab/17 dated 01.06.2017, issued under the signature of
the Registrar, Veer Kunwar Singh University, Ara, the petitioner
was posted in SVP, College, Bhabhua, under Veer Kunwar Singh
University, Ara.
7. It is further case of the petitioner that on 18.05.2017
he submitted a representation before the Registrar, Cooperative
Societies, Bihar, Patna with a request to expedite the departmental
proceeding, which was initiated vide order dated 02.06.2016. The
petitioner gave an application for voluntary retirement from the
services of the State Food Corporation on 13.06.2017 and joined
S.V.P. College, Bhabhua on 14.06.2017.
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
8. It has been further contended by the learned Senior
Counsel for the petitioner that vide Memo No. 6856 dated
19.07.2019, issued under the signature of the Registrar,
Cooperative Societies, Bihar, Patna, the petitioner was inflicted
with the punishment of Censure and stoppage of three increments
with non-cumulative effect, which was accepted by the petitioner
as no appeal was filed against the said order of punishment dated
19.07.2019. The petitioner was discharging his duties at S.V.P.
College, Bhabhua, but all of a sudden, vide Letter No. 3936 dated
27.05.2022, issued under the signature of the Registrar,
Cooperative Societies, Bihar, Patna, addressed to the petitioner, his
application for voluntary retirement was rejected. Immediately
thereafter, the petitioner filed a representation on 25.07.2022
before the Registrar, Cooperative Societies, Bihar, Patna, stating
therein that since the order of punishment had lost its force w.e.f
18.07.2022, therefore, his application for voluntary retirement may
again be considered sympathetically.
9. It has further been contended by the learned Senior
Counsel for the petitioner that a show-cause notice was issued to
the petitioner vide Memo No. 7306 dated 13.09.2022 issued under
the signature of the Registrar, Cooperative Societies, Bihar, Patna
wherein the petitioner was directed to submit his explanation
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
through the competent authority within 15 days on the three
charges mentioned therein which are reproduced hereinbelow:-
"lkekU; iz"kklu foHkkx }kjk ijke"kZ ds dze esa /;ku vkd`'V
fd;k x;k gS fd vkids }kjk fuEukafdr rhu dk;Z Lor% vius
ethZ ls dh xbZ gS] tks vuq"kklughurk dk |ksrd gS rFkk bu
rhuksa dnkpkj ds fy, dk;ZokbZ dk ijke"kZ fn;k x;k gS&
a) O;k[;krk ds in ij vkosnu dks foHkkx }kjk vxzlkfjr ugha
djk;k tkuk]
b) foHkkxh; vuqefr ds fcuk lk{kkRdkj esa mifLFkr gksuk] ,oa
c) LoSfPNd lsokfuo`fr ds laca/k esa vius vkosnu dks fcuk
Lohd`fr ds inR;kx dj pys tkukA
vr% funs"k gS fd mijksDr rhuksa fcUnqvksa ij viuh
dkj.ki`PNk] vius rRdkyhu inLFkkiu dk;kZy; ;Fkk lgk;d
fuca/kd] lg;ksx lfefr;kWa] gkthiqj vapy ds ek/;e ls] 15
fnuksa ds vUnj lefiZr djuk lqfuf"pr djsaA"
10. On the representation filed by the petitioner on
25.07.2022, the Registrar, Cooperative Societies, Bihar, Patna
again passed an order contained in Memo No. 7305 dated
13.09.2022 wherein it was contended that the petitioner has
applied for grant of voluntary retirement on 13.06.2017 and
without waiting for the approval of the competent authority he
proceeded to join SVP College, Bhojpur, Ara, on 14.06.2017,
therefore he did not work on the post of the Cooperative Extension
Officer from the period 19.07.2019 to 18.07.2022 i.e. the date
during which the punishment order was subsisting, therefore,
despite end of the period for which the punishment order was in
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
effect, the punishment was not implemented. The application for
voluntary retirement was again rejected.
11. It has been submitted by the learned Senior Counsel
for the petitioner that the Registrar, Cooperative Societies, Bihar,
Patna, on the one hand, asked for an explanation by issuing a
show-cause notice to the petitioner vide Memo No. 7306 dated
13.09.2022, but on the other hand, prior to issuance of the show-
cause, on the same day vide Letter No. 7305 dated 13.09.2022,
rejected the application for voluntary retirement of the petitioner
on the grounds mentioned in the said letter.
12. A counter affidavit has been filed on behalf of
Respondent No. 2, wherein it has been contended that the
petitioner, without approval of the competent authority, applied
for appointment on the post of Assistant Professor, since his
application was not submitted through the proper channel. It has
further been contended that the petitioner, even before appearing in
the interview, did not obtain any permission from his parent
department, i.e., Cooperative Societies. Further, the petitioner
submitted his application for VRS on 13.06.2017 and without
waiting for approval, proceeded to join the post on 14.06.2017. He
again submitted his application for VRS on 05.08.2019, but in the
meantime, a departmental proceeding was initiated against the
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
petitioner for alleged misconduct while he was posted as District
Manager at Ara, which culminated in the award of punishment of
Censure and stoppage of three increments with non-cumulative
effect. It has further been averred that opinion was sought from the
General Administration Department and the Finance Department
on the issue with regard to grant of VRS, wherein the General
Administration Department opined that during the intervening
period of punishment, permission for VRS cannot be granted. It
has further been contended that upon finality of the departmental
proceeding, which resulted in punishment of Censure and stoppage
of three increments, the application for VRS was rejected, but in
view of the advice of the General Administration Department that
since the petitioner, without obtaining NOC from the Department
joined services in VKS University, Ara, the said act amounts to an
act of indiscipline and as such, a show-cause notice was issued
vide Memo No. 7306 dated 13.09.2022.
13. Having heard the rival submissions of the parties and
on perusal of the materials available on record, it appears that
admittedly the petitioner did not submit his application for
appointment to the post of Assistant Professor through the proper
channel. Further, the petitioner had submitted an application on
11.11.2016 for grant of permission to appear in the interview
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
which was to be held from 29.11.2016 to 01.12.2016, but the
respondent authorities did not bother to take any decision on the
same. Further, it is also an admitted fact that the petitioner gave his
application for voluntary retirement on 13.06.2017, but despite
waiting for its approval from the competent authority, proceeded to
join S.V.P. College, Bhabhua on the next day, i.e., 14.06.2017. The
petitioner was inflicted with the punishment of Censure and
stoppage of three increments with non-cumulative effect, which he
did not choose to challenge. The same lost its effect on
18.07.2022.
14. In my considered opinion, the petitioner has already
suffered for the lapses on his part, which he has not been able to
explain, but since for those lapses he has already suffered and
punishment was inflicted upon him, which he accepted and the
period of punishment has already come to an end. Therefore, the
order impugned contained in Memo No. 7305 dated 13.09.2022
deserves to be set aside and is accordingly set aside. Since the
grounds mentioned therein are not sustainable. The respondent no.
2, i.e., the Registrar, Cooperative Societies, Bihar, Patna, is
directed to consider the application of the petitioner for grant of
voluntary retirement afresh, considering the fact that the order of
punishment looses its effect on 18.07.2022 and the petitioner has
Patna High Court CWJC No.16318 of 2022 dt.02-02-2026
already suffered a lot for his lapses. The decision must be taken
within a period of six weeks from the date of receipt/production of
a copy of this order and the same shall be communicated to the
petitioner at his present place of posting through the Registrar,
VKS University, Ara.
15. It is expected that while taking the decision, the
Registrar, Cooperative Societies, Government of Bihar, Patna, will
take into consideration the fact that the petitioner has already
suffered for his lapses and that any further punishment would
result in further severe consequences for him. The Registrar,
Cooperative Societies, should take a sympathetic view in the
matter, while passing the order.
16. With the aforementioned observations and
directions, the writ petition shall stand disposed of.
(Ritesh Kumar, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.02.2026
Transmission Date
